ILLINOIS POLLUTION CONTROL BOARD
June 20, 2002
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
GOELITZ CONFECTIONERY COMPANY,
and GOELITZ CONFECTIONERY
EXPORT COMPANY, INC., Illinois
corporation,
Respondents.
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PCB 00-227
(Enforcement - Air)
OPINION AND ORDER OF THE BOARD (by T.E. Johnson):
On June 28, 2000, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a complaint against Goelitz Confectionery Company and Goelitz
Confectionery Export Company (respondents).
See
415 ILCS 5/31(c)(1) (2000); 35 Ill. Adm.
Code 103.204. The People allege in the complaint that respondents violated Sections 9(a) and
(b), and 39.5(6)(b) of the Environmental Protection Act (Act) (415 ILCS 5/9(a), (b) and
39.5(6)(b) (2000)), as well as 35 Ill. Adm. Code 201.141, 201.142, 201.143, 201.144,
201.302(a), 205.310, 218.986, 254.201, 254.202, 270.201, and 270.301(a).
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The People further allege that the respondents violated these provisions by discharging
or emitting volatile organic material (VOM) from the facility into the environment from the
uncontrolled operation of 54 engrossers and 39 polishing units during the cooking, flavoring,
coloring and polishing of the confection products they produce and distribute. The complaint
concerns respondents’ confectionery facility at 1501 Morrow Avenue, North Chicago, Lake
County.
On May 16, 2002, the People and the respondents filed a stipulation and proposed
settlement, accompanied by a request for relief from the hearing requirement of Section
31(c)(1) of the Act (415 ILCS 5/31(c)(1) (2000)). This filing is authorized by Section 31(c)(2)
1 The Board notes that Section IV(C) (Statement of Facts, Violations) of the stipulation and
proposal for settlement does not include every violation alleged in the complaint. However, in
Section IX (Terms of Settlement) of the stipulation and proposal for settlement the respondents
admit that the violations occurred as alleged in the complaint. In addition, no language in the
stipulation and proposal for settlement expresses an intent to deviate from the violations as
alleged in the complaint. Accordingly, it is clear the parties’ intent was that the respondents
admit to all the violations in the complaint.
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of the Act (415 ILCS 5/31(c)(2) (2000)).
See
35 Ill. Adm. Code 103.300(a). The Board
provided notice of the stipulation, proposed settlement, and request for relief, including
published notice in the
News-Sun
on May 20, 2002. The Board did not receive any requests
for hearing. The Board grants the parties’ request for relief from the hearing requirement.
See
415 ILCS 5/31(c)(2) (2000); 35 Ill. Adm. Code 103.300(b).
Section 103.302 of the Board’s procedural rules sets forth the required contents of
stipulations and proposed settlements. 35 Ill. Adm. Code 103.302. These requirements
include stipulating to facts on the nature, extent, and causes of the alleged violations and the
nature of respondent’s operations. Section 103.302 also requires that the parties stipulate to
facts called for by Section 33(c) of the Act (415 ILCS 5/33(c) (2000)). The People and the
respondents have satisfied Section 103.302. The respondents admit that violations occurred as
alleged in the complaint and agree to pay a civil penalty of $175,000. The Board accepts the
stipulation and proposed settlement.
This opinion constitutes the Board’s findings of fact and conclusions of law.
ORDER
1. The Board accepts and incorporates by reference the stipulation and proposed
settlement.
2. The respondents, Goelitz Confectionery Company, and Goelitz Confectionery
Export Company, Inc, Illinois corporations, must pay a civil penalty of
$175,000 no later than July 22, 2002, the 30th day after the date of this order
falling on a weekend. The respondents must pay the civil penalty by certified
check or money order, payable to the Illinois Environmental Protection Agency
and designated to the Environmental Protection Trust Fund. The case number,
case name, and respondents’ social security number or federal employer
identification number must be included on the certified check or money order.
3. The respondents must send the certified check or money order to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
4. Penalties unpaid within the time prescribed will accrue interest under Section
42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2000)) at the rate
set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
(2000)).
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5.
The respondents must cease and desist from the alleged violations.
IT IS SO ORDERED.
Section 41(a) of the Environmental Protection Act provides that final Board orders may
be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
order. 415 ILCS 5/41(a) (2000);
see also
35 Ill. Adm. Code 101.300(d)(2), 101.906,
102.706. Illinois Supreme Court Rule 335 establishes filing requirements that apply when the
Illinois Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335.
The Board’s procedural rules provide that motions for the Board to reconsider or modify its
final orders may be filed with the Board within 35 days after the order is received. 35 Ill.
Adm. Code 101.520;
see also
35 Ill. Adm. Code 101.902, 102.700, 102.702.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the
Board adopted the above opinion and order on June 20, 2002, by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
